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bankruptcy or admin order?

Hello, I've been lurking for a while and have made an appointment for bankruptcy on the 24th of july. My debts are under £5000 if I don't include my student loan arrears (£2500), they're threatening me with court now, usual story. If I made an agreement to pay them monthly, would I have to count them in an administration order?

I was self-employed until last month, when my car was destroyed in a arson attack. When I went to apply for income support, I saw an ad for a job with a untility and I'm starting in a few weeks ( ironic really: I owe them over £300). I'm now in rent arrears whilst I'm waiting for housing benefit and IS to start, they needed to see my accounts, which I've now sent them. How will my rent arrears affect my bankrupcy?

My debt problems started with studying for 2 years for a BEng (9 years ago) and an ex husband who will not pay CSA. I wish I'd gone bankrupt back when student loans were included, but CAB convinced me that my debts were not that high. The new job is low paid and part-time (I choose not to raise feral children).

Any advice would be really appreciated, Bo x
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Comments

  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Hi Bo - I'm pretty sure that there WILL be alternatives to bankruptcy, in your case.
    Before you consider bankruptcy, have a chat with one of the Debt Charities, such as CAB, CCCS, National Debtline or PAYPLAN. There are links to these charities at the top of the page.
    Their advice is professional, impartial and free.
    CCCS even have their own advisers on this forum - CCCS_Matthew and CCCS_Emily - perhaps you could send them a PM.

    Good Luck.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • NekoZombie
    NekoZombie Posts: 1,664 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would second Rog2's advice. It might be an idea to look at your income and expenditure to see if there is an alternative solution, as I do think in this case bankruptcy would be the equivalent of using a sledgehammer to crack open a walnut. I don't know much about admin orders (think Rich does), but they may be a better solution.

    All the best!
    BCSC Member 70:j
    .
  • savagevixen
    savagevixen Posts: 1,276 Forumite
    It sounds like you have been dealing with this for quite a long time already.
    Bankruptcy would be a completely fresh start, and an Admin Order would be a structured repayment, where you dealt only with the court and not the creditors.
    There have been several cases on here where people have gone bankrupt for £4000-4500. It may not sound like a lot, but if you can't pay it it is huge! As others have said, this does depend on your circumstances. I was unable to have an Administration Order, as you must have at least 1 CCJ. I went bankrupt for @£5600, however once everything was submitted to the OR, it was more like £7500.

    What really hacks me off, is a large amount of my debt was overpayment of Housing Benefit, Council Tax Benefit and Tax Credit. (The latter is not normally included, but the OR can included it) The judge happily included them as debt.

    However on here I have read posts that HB and CTB are not written off and have to be repaid once discharged. This will really peeve me, as if they are not included I will have gone Bankrupt for @£3000.

    So be careful and make sure you have worked it all out!
    :starmod: I am not that savage :heartpuls But I am a Vixen :staradmin
  • bo2
    bo2 Posts: 4 Newbie
    I have three teenage sons, they just keep on eating and growing and growing and eating! but good lads: twins 100% attendance at college and youngest top in year for maths and science.
    I don't pay my water bills and the council tax includes arrears. I had given up, no chance of a pension or education or own home under this goverment. BUT; OU are going to fund my finishing degree with them and house price crash hopefully around the corner.
    Just want student loans to be written off like the Scot's have been and maybe housing benefit to be abolished (with increased tax credits) so BTL's are stopped. x
  • bo2
    bo2 Posts: 4 Newbie
    DEBTS
    council tax 197
    abbey nat 1072
    cable&wireless 267
    barclaycard 387
    carphone w/house 102.34
    southern water 1061
    british gas 311
    bt 26
    Hampshire CC 1462
    total debt 4885.34

    wages 600
    tax credits 670
    Total 1270

    child benefit 165

    total income 1435


    Total outgoings
    Rent 360
    Council Tax 27
    Water Rates 0
    Gas 20
    Electricity 60
    Mobile Phone 20
    Phone/BB 40
    food/HH 460
    Meals at Work 50
    Bus to work 80
    Pocket Money 20
    School Meals 120
    Pet Costs 14
    TV Licence 12
    Christmas 25
    Holiday(s) 40
    Birthdays 25
    Clothes 120
    Haircuts 20
    OUTGOINGS 1498
  • NekoZombie
    NekoZombie Posts: 1,664 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I can see that things are very tight for you - though I can see a major area where you could make some savings. Your household is 460, meals at work 50 and school meals 120, totaling 630 - I'd say this is very high for a family of 4. Packed lunches maybe? Your bus travel also seems very high - its £9.10 off what I pay for travel in central london on the tubes! Could you possibly get a monthly buspass to reduce this cost?

    That said, I can see that your figures are very tight and there really isn't much room to move.
    BCSC Member 70:j
    .
  • CCCS_Matthew
    CCCS_Matthew Posts: 922 Organisation Representative
    Part of the Furniture Combo Breaker
    Just had a quick read of this thread, and thought I would point the following out:

    An Admin order is something you could apply for if you have credit debts under £5k. However you have a CCJ against you before you can do this. Essentially its a way in which you can get a binding arrangment to pay through the courts an amount you can afford. If your application for an admin order is accepted, you could also look to apply for a composition order which is where you are asking the courts to consider writing off the oustanding balance after 3 years in to the admin order.

    As you will probably know bankruptcy is a way in which you could write off all the credit debt that you've got. There is however a fee to do so which is usually £485 and can often be difficult to find in one go. Something else I should point out here is that your oustanding Student Loan would not be included within bankrutpcy if it was something you were looking at.

    Regards,
    CCCS
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • bo2
    bo2 Posts: 4 Newbie
    Thanks for your replies, my bus fare is a £20/week pass, only 30 min journey but from small town to city.

    I could reduce our school/college meals to £80 and work meals to £40. I know our food bill is high, but we're an athletic family and lose weight too easily. Do you think the OR would quibble with these figures?

    I like the sound of an Admin Order, but would they include my student loans arrears? If so I wouldn't qualify.

    Many thanks, Bo X
  • Toomuchdebt
    Toomuchdebt Posts: 2,134 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would agree that to go BR for this amount seems a litle over the top.I spend a lot less on food and I have 4 children and also 3 cats and various other pets.I would suggest scrapping the school meals-that's a lot for a month-switch to packed lunches for a bit.Also stop the meals at work-that will save money too.£120 on clothes is very steep per month-do you really spend that much??
    Debts Jan 2014 £20,108.34 :eek:

    EF #70 £0/£1000

    SW 1st 4lbs
  • RAS
    RAS Posts: 36,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi Head over to the DFW forum and ask them for advice on cutting tyour expenditure down. Peopel here are good at it but there are far fewer than on DFW.

    Also look at Money Saving Old Style. if you feel brave, post up your menu plan and rceipts for a week and see how much they could slash off it.

    Or do a Store Cupboard Challenge.

    You could clear this lot in a year and be a lot better off next year.

    And sign up for www,freecycle.org for clothes and white goods/ electrical good in your area.
    If you've have not made a mistake, you've made nothing
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